Who Is the Landlord?

Useful searches

This document is a work-in-progress. Any offerings or suggestions on how it might be expanded and improved will be greatly appreciated.

Who is the landlord?

This should be such an easy task, but often it is far from simple. Where a Tenants Advice and Advocacy Service wishes to pull together information about the landlord, the search tools below will be helpful.

But firstly, a short digression.Generally the landlord is the registered proprietor of the land, as shown on the title. There are two exceptions:

(i) sub-letting situations where a landlord head-leases a property to another person - this often occurs in community housing and the community housing provider then sub-lets it to a tenant; and,

(ii) situations arise where the registered proprietor permits another person to take on their role and this person is treated as the 'landlord' - generally another member of the family.

It is also worth noting that the NSW Land and Housing Corporation is the landlord of public housing in New South Wales, as shown on Housing NSW's Residential Tenancy Agreement. Housing NSW is the government agency that manages the properties on behalf of the landlord. Its role is akin to that of 'agent' (despite the notation at the foot of Section 3(1) of the Residential Tenancies Act 2010). However, the NSW Land and Housing Corporation and Housing NSW are two parts of the same government department which is the Department of Family and Community Services.

1. Check Page 1 of the Residential Tenancy Agreement:

The landlord’s name will be shown on Page 1 of the residential tenancy agreement. However, where a real estate agent manages the premises, the landlord’s address often will be care of the real estate agent. So, you will need to do further checking.

2. Land and Property Information:

Check out the website of Land and Property Information at:

The following searches will provide you with the name(s) of the owner of the property (sometimes referred to as the ‘registered proprietor’).

You will not obtain their address from a ‘certificate of title’ search if they do not live at the premises. This is the case for most landlords. You may be able to trace their address through their solicitor, whose name will appear on the Transfer document. A reliable way of obtaining their address is to do a search with the local government council or Valuation Information, Land and Property Information (see below).

For the name of the owner of the property, firstly, go to:

2.1. Street Address (free search):

1. Go to the dropdown menu called ‘Online Shop’.

2. Go to the menu on the left hand side and select ‘Title Searchesand Records’.

3. Click against 'Street Address Inquiry' on the left hand side of the web page.

4. Enter details starting with suburb/town and follow steps … this search will give you the legal description of the land (usually expressed as ‘ folio identifier’) for the property.

2.2. Certificate of title ($12.15, including GST, per search):

1. Go to the dropdown menu called ‘Online Shop’.

2. Go to the menu on the left hand side and select ‘Title Searches and Records’.

3. Click against 'Title Search' on the left hand side of the web page.

4. Enter the legal description of the land (see Step 2.1). For example:

1/234567

5. Read and tick ‘Terms & Conditions’ and complete security question.

6. Click ‘Add to Cart’.

7. Click ‘Proceed to Cart’.

8. Click ‘Proceed to Checkout’.

9. Click ‘Next’.

10. Enter credit card information and provide email address.

11. Click ‘Next’.

12. Click ‘Confirm and Proceed’.

13. Print receipt.

14. Exit program.

15. Go to your email and download copy of the certificate of title and your tax invoice.

2.3. Transfer document ($12.15, including GST, per search):

1. Go to the dropdown menu called ‘Online Shop’.

2. Go to the menu on the left hand side and select ‘Title Searches and Records’.

3. Click against 'Dealing Image’ on the left hand side of the web page.

4. Enter the Dealing Number (for example for T123456, omit the ‘T’ and enter 123456. (The Dealing Number will be shown on the ‘certificate of title’.)

5. Read and tick ‘Terms & Conditions’ and complete security question.

6. Click ‘Add to Cart’.

7. Click ‘Proceed to Cart’.

8. Click ‘Proceed to Checkout’.

9. Click ‘Next’.

10. Enter credit card information and provide email address.

11. Click ‘Next’.

12. Click ‘Confirm and Proceed’.

13. Print receipt.

14. Exit program.

15. Go to your email and download copy of the transfer document and your tax invoice.

2.4. Historical search:

You may obtain summary information about all transactions recorded against a particular land title by going to the dropdown menu called ‘Online Shop’ and then selecting ‘History of Title Transactions’.

You may ascertain prior titles by going to the dropdown menu called ‘Online Shop’ and then selecting ‘Prior Title Reference’ (free search).

However, the aboveinformation is limited to when a title became acomputerised title until the present.

If you need to locate the person who owned the property prior to the early 1990s, you will need to undertake what are called ‘historical searches’ of old titles (generally called Volume-Folio) and transfer documents at the office of Land and Property Information in Sydney. A fee of $13.90 (inc GST) applies to photocopying each document. These old records are computerised, but you will need to attend Land and Property Information in Sydney and undertake the search yourself. See box below. (If you are searching an Old Systems title, get advice from someone familiar with these searches. They can be very complex. Bound volumes are found along windy corridors and back alleys in the bowels of the building.)

If you unable to attend Land and Property Information in Sydney, you may use the services of an approved information broker who will charge. There is a link to them on the webpage of the ‘Online Shop’. Click ‘information brokers’ at the foot of the page.

Doing an historical search …

Historical search using known Volume-Folio for the title ($13.90incGST per photocopied search):

1. Go to Land and Property Information at 1 Prince Alfred Street, Queens Square, Sydney (behind St Marys Cathedral).
2. Tell person at ‘Reception’ what information you are seeking: the ‘Certificate of Title ‘ for an old Volume-Folio number. You will be given a ticket and directed to ‘Client Services’ along one side of the room.
3. When your number is called, proceed to the customer service officer. They will advise you to buy a ‘search ticket’ (also called a ‘copy ticket’) from the Cashierand where to go in the building to undertake the necessary searches. Ask for hints about doing searches.
4. Proceed to ‘Cashier’ on the other side of the room. Wait until your number is called again. It is the same number as shown on the ticket given to you by ‘Reception’ You pay the search fee of $13.90. They will only accept cash or credit card. They will hand to you a ‘search ticket’.
5. You complete the three parts of the ‘search ticket’, inserting the Volume-Folio number. You then proceed to the ‘Property Information Delivery Service’ down a flight of stairs into the adjacent building.
6. See the customer service officer at the front desk. Ask him or her to advise you into which ‘Copy Ticket Request Box’ you slip the top two-thirds of the search ticket. You retain the bottom third and note the last two digits of the number shown.
7. Ask how long you will need to wait for your copy of the ‘Certificate of Title’. It may be up to one hour. Keep checking the ‘Public Copy Collection Boxes’. Check the box with your number. Retrieve the ‘Certificate of Title’ relating to the Volume-Folio.
8. You may need to repeat the above steps for a number of old Volume-Folios … until you have the title current at your required date. If this is the case, you will need to buy additional ‘search tickets’.

2.5. Deed name search:

It may become apparent to you, either through the tenant you are assisting or direct from the landlord (or whom you think is the landlord), that such a person is acting on behalf of the real landlord. There may not be a formalised arrangement put in place for this person to act for the landlord, for example an authority or power of attorney. It is worthwhile making a search to find out if a power of attorney exists and this is a free search.

Again, go to:

Then:

1. Go to the dropdown menu called ‘Online Shop’.

2. Go to the menu on the left hand side and select ‘Deed’’.

3. Click against 'Deed Name Search' on the left hand side of the web page.

Put in the name of the principal and this will show a deed number if a power of attorney exists for this person. If a power of attorney does exist and it was registered after 1992, you can obtain a copy of the power of attorney from the search option ‘Deed Number Search’. Follow the same steps as for a title search. If the power of attorney was registered before 1992, you need to go to Land and Property Information and do a physical search of the volume and folio for the power of attorney. Follow the steps as for an historical search shown above.

LPI Dealing Codes:

For LPI Dealing Codes, go to TAAS Wiki under 'Featured Content on the site' / 'Act Discussion' which is TAAS workers' part of TAAS Wiki. Check posting is under Part 1 Division 1 Section 3 (1) 'Name of landlord'.

It provides a link to an index of Land and Property Information dealing codes. Alternatively, you may access this index directly by going to the 'Search' facility on left hand side of Main Page on TAAS Wiki and typing in 'LPI Dealing Codes'.

2.6. Valuation Information:

This is an alternative to ringing the local government council for the name andaddress of the landlord. Ring Valuation Informationat Phone: 0298605200.

Full contact details are: Level 3, 2-10 Wentworth Street Parramatta NSW 2150; PO Box 252 Parramatta 2124; Phone: 02 9860 5200; Fax: 02 9891 6653.

Ask for the name and the address to which rate notices are sent for the property. (This usually is the name and mail address of the landlord.) If they state that they cannot give you the information because of privacy, argue that there may be a ‘a serious or imminent threat to the life or health of another person’, as in the case of a lock-out. Refer to Section 18 (1) (c) of the Privacy & Personal Information Protection Act 1998.

You may have to put your request in writing, giving reasons for your request and citing the relevant legislation. Note that public sector agencies have discretion when interpreting this section.

3. Local Government Council:

3.1.Name and address of landlord:

For the name and the address of the landlord, ring Citizen Service Centre (or equivalent, sometimes called Customer Service Centre or Rates Section). Specifically ask for the name and the address to which rate notices are sent for the property. (This usually is the name and mail address of the landlord.) If they state that they cannot give you the information because of privacy, argue that there may be a ‘a serious or imminent threat to the life or health of another person’, as in the case of a lock-out. Refer to Section 18 (1) (c) of the Privacy & Personal Information Protection Act 1998.

You may have to put your request in writing, giving reasons for your request and citing the above legislation. Note that that public sector agencies have discretion when interpreting this section and local government councils differ in how they apply such discretion.

3.2. Development application:

You may wish to track a Development Application for a specific property. The steps that follow are true for one local government council in Sydney. It will vary across other local government councils.

1. ‘Google’ the street address.

2. Go to the link in the name of the local government council that comes up, open it and record the Development Application Number.

3. Go to the website of the local government council. Open drop-own menu for ‘Planning’.

4. Click ‘Application Tracking’ and enter the Development Application Number.

5. Follow the menu.

4. Australian Securities and Investment Commission (ASIC):

Since 1 January 1991, every company in Australia has been issued with a nine-digit Australian Company Number (ACN). This is an unique identifier and no two companies can have the same ACN. You will need this number to do a search.

For a free company name search, go to the ‘National names index’ of the Australian Securities and Investments Commission at:

The Sydney Service Centre of ASIC is located at:

Level 5, Westfield Towers, 100 Market Street, Sydney NSW 2000
(between Pitt and Castlereagh Streets, opposite David Jones’ Market Street Store)

It is open Monday to Friday 9am to 5pm.

On the 964 search form, tick the boxes against ‘Details of search A’and ‘Current and historical information’. This costs $21.

If there are a number of company names for the same business, firstly do a business search with Fair Trading to find out the name of the company that operates the business in New South Wales. (See next section.) There is a fee attached to a business search, but it may be less expensive than doing unnecessary searches on a whole raft of companies.

The Tenants Union of NSW will do searches over the Internet for Tenants’ Advice and Advocacy Services.

In all other cases, if you wish to do this search over the Internet, you will need to go through a broker and this will add to the cost of the search.

5. Other helpful searches for gathering useful information about your landlord:

5.1. White Pages:

If all else fails and the person has a not-all-that-common name, you may locate them after a few telephone calls. Go to:

5.2. Google search:

Has the owner attracted notoriety (eg politician, wants-to-be-a-politician, developer, wants-to-be-a-developer, ‘well known business identity’, footballer, etc)?

Go to:

5.3. Health professionals:

In a case handled by the Tenants Advice and Advocacy Service, the landlord refused to do repairs that placed the older tenant’s health at risk. It was known that the landlord was a local optometrist.

A useful search would be as follows …to check if a health professional is registered with the Australian Health Practitioner Regulation Agency, go to:

Such information may be relevant at a Tribunal hearing.

6. NSW Fair Trading:

6.1. Business names:

If your landlord is a business you will need to do a business search so you can approach the principals. Go to:

6.2. Real estate agent:

To perform a real estate agent’s licence check, go to:

6.3. Builders:

For Home Building Licence searches, go to:

6.4. Boarding houses:

All registrable boarding houses in NSW are required to be registered with NSW Fair Trading (Section 9 of the Boarding Houses Act 2012).

Go to:

6.5. Residential parks:

All residential parks in NSW are required to be registered with NSW Fair Trading (Part 13A of the Residential Parks Act 1998).

Go to:

6.6. Retirement Villages:

All retirement villages in NSW are required to be registered with NSW Fair Trading (Section 24Aof the Retirement Villages Act 1999).

Go to

Note:

A residence contract that states that the Retirement Villages Act 1999 does not apply is exempt from this Act. This exclusion may be a term of the contract or appear in the disclosure statement (information brochure that goes with it) (see Sections 4 and 25 of the Retirement Villages Act 1999.) Accordingly, a resident who signs a residential tenancy agreement with such a clause in it is excluded from the Retirement Villages Act 1999. However, the Residential Tenancies Act 2010 may cover them.

There is a hiccup with the above three accommodation registers in Sections 5.4 to 5.6 maintained by NSW Fair Trading: the wildfire search option {%=WILDFIRE} has the limitation that it only lists 100 entries and then cuts out.

7. Social housing providers:

Section 136 of the Residential Tenancies Act 2010 states:

‘social housing provider" means any of the following:

(a) the New South Wales Land and Housing Corporation,

(b) the Aboriginal Housing Office,

(c) a registered community housing provider within the meaning of the Housing Act 2001,

(d) anorganisation for the time being registered under Part 5 of the Aboriginal Housing Act1998,

(e) anorganisation or a member of a class of organisations prescribed by the regulations.

‘Social housing providers’ are subject to certain provisions of the Act (for example, Part 7 - Social Housing Tenancy Agreement. Not all community housing providers, even if ‘not-for-profit’, are ‘social housing providers’ within the meaning of the Act.

To check if a community housing provider is a ‘social housing provider’ within the meaning of the Act, you will need to undertake a search of a register maintained by the Registrar of Community Housing.

Go to:

To check if an Aboriginal housing provider is a ‘social housing provider’ within the meaning of the Act, you will need to undertake a search. The NSW Aboriginal Housing Office lists registered Aboriginal Community Housing Providers by region.

Go to:

8. Low care and high care aged care facilities:

Section 7 (b) of the Residential Tenancies Act 2010 states:

This Act does not apply in respect of the following premises: ...

(b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth

To check if an establishment includes such premises, usually low care (hostel) or high care (nursing home) aged care facilities, you will need to undertake a search. Please note that a retirement village may include such facilities within their complex.

Go to:

9. State Heritage Inventory: